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employee rights

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  • 07-10-2014 12:04am
    #1
    Registered Users Posts: 5


    New to this so don't know if it's been asked.... I'm expected to work over time for hours off in return ... which are hours of when it suits my employer not me ... It used to be paid but when times were tough we changed ro this to help out ...but now my company is busy very busy they expect me to be ok with this? My normal day is 8 am till 5:30 pm. . But on times of over time bi will be fitting part of the trade I will be at work at 7am not paid for this what they call travel time .. will probably finish work at 7:30 pm be back to workshop atv8:30 pm again not paid for travel time so ill get 2 hours over time in time of when it suits them is this illegal, ??


Comments

  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    It's hard to understand your post... Can you break it up a bit.
    I think what your saying is the company will not pay you during travel time? Is that right?
    Are you based on the road or in a workshop for your job?


  • Registered Users Posts: 5 skysprtsnws


    Based in a workshop. But will be fitting every two weeks or so. At these times they will aim to be there at 8 am .. So if it's three hours away I will leave at 5 am with them in company van from workshop.. and payment will not commence till 8 am regardless of what time we leave .


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    What does your contract state on working on sites and travelling to them, in percentage terms how much time is spend in the workshop?
    Does the company pay "country money" = example if more than 30km from office they pay €20 Extra expenses.

    There could be a case for claiming travel time, most companies would pay it as normal pay rate.


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_inc_min_wage.html

    "Working hours
    Your working hours are whichever is the greater:

    the hours set out in any document such as a contract of employment, collective agreement or statement of terms of employment provided under the Terms of Employment (Information) Act 1994,
    or

    the actual hours worked or available for work and paid
    "Working hours" include:

    overtime
    travel time where this is part of the job
    time spent on training authorised by the employer and during normal working hours
    "Working hours" does not include:

    time spent on standby other than at the workplace
    time on leave, lay-off, strike or after payment in lieu of notice
    time spent travelling to or from work"


  • Registered Users Posts: 3 folders33


    Sounds like you are being taken for a ride literally. You need to find out your rights on 2 things, 1. hours in lieu, can you refuse this and look for pay or hours back when suits you and 2. what are your rights regarding traveling to sites. I would think if you are at the workplace first then you should be paid for it. Sounds like you're missing out on a lot of pay that you earned fairly. It's awkward going against your employer especially when they cite financial pressure but I think if you emailed those two things to workplace relations they would advise you in a discreet way and you could decide what you want to do.


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  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    If your based at a workshop normally you obviously do not get paid to travel there, but if you are told your job today is in a town an hour away and to be there for normal start time, they should pay you from the time the van picks you up till it drops you back to workshop..... Unless you signed a contract agreeing to work on sites away from workshop without extra pay.
    I know people who that this practice put on them, instead they leave home at normal time i.e.
    Workshop: Left home @8am, start work @ 8.30am in workshop.
    Finsh at 5pm=8hrs @work.

    On site: left home @8am, arrive at site 9:30am.
    Finish at 4:30pm arrive back at workshop 5:30pm = 8hrs @ work.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    folders33 wrote: »
    Sounds like you are being taken for a ride literally. You need to find out your rights on 2 things, 1. hours in lieu, can you refuse this and look for pay or hours back when suits you .

    From Citizens information
    Overtime

    Overtime is work done outside normal working hours.There is no statutory obligation on employers to pay employees for work completed in overtime. Many employers pay employees higher rates of pay for overtime. Your contract of employment should state if you are required to work overtime and the rates of pay if you are to be paid for it. Certain sectors of employment were covered by Employment Regulation Orders and Registered Employment Agreements and may have higher rates of pay for overtime.

    So the company don't have to pay overtime.

    I think if you go to the workshop first, then technically you've done your travel from home to work, so the additional travel time would technically be working, but am not certain


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Stheno wrote: »
    From Citizens information



    So the company don't have to pay overtime.

    I think if you go to the workshop first, then technically you've done your travel from home to work, so the additional travel time would technically be working, but am not certain

    Imo Salary staff generally do not get overtime payments, if you are paid an hourly rate and have 39hrs worked, any thing else is either overtime or travel time.... Or hours in leiu of pay.


  • Registered Users Posts: 5 skysprtsnws


    So I asked monday for this week's over time to be paid said I could do with the money... got a mumble nothing else.so finishing there at 6 today as I'm leaving he goes.. oh were kinda in a bit of financial difficulty at the moment a .. and we'll probably be on three day a week from next week for a few weeks .. oh and you'll get the hours of on Friday I can't pay it .... what bulls**t.


  • Registered Users Posts: 5 skysprtsnws


    Don't have a contract it's a small business 3 employees. .


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  • Registered Users Posts: 5 skysprtsnws


    Don't have any union or work place relations if it wasn't so close to Xmas I'd walk ...


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Don't have a contract it's a small business 3 employees. .

    Your entiled to one... Ask for it..
    It should lay out most of your terms and conditions of employment.
    Look here..

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html


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